New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-04-17
THE Arcade RAILWAY SUIT
PRopERTY.owNERs AROUSED.
THE NAMES OF THOSE OPPOSING THE cARTISa
AWAY OF BRoADwAY-A. p. MAN GIVES SOME

I
AWAY OF BRoADwAY-A. p. MAN GIVES SOME
INTERESTING POINTS IN rHENArTER.
Few ltigatons In this city have directly interested
moro wel-known men and greater property Interests
than tho last suit begun against tho Arcade halfway
Company with Nathaniel p Bailey, Amos T. Eno' Peter
Marie George Lorillsrd Ronads and Stephen u
Williams, g. v. n. Cruser and A. p. Man, executors
OF tho estate OF Alexander Van Rensselaer,, az tho
ostensibo plaintiffs Tho number OF property-ownrs
In Broadway behind this litigation Ia 26o Under tne
advice Of exJustice Noah Davis and other welknown
lawyers they take tho ground that tho Arcade Rali-
wny Company's claims invalid that what 1t has IL
the result Of a special grant and OF course unconst
tutional and that tho corporation should be pcrma
pently cnjoined and virtually be declared nuisance
! by tho courts.
What has intensified tho hostility Of these property
ownors to the Arcade Railway has been Its attitude
"a Albany within the asst week. where s legal rep
rc.enttyo took the bold ground that the Arcade had
| exclusive rights in Broadway.
Abon T. Man, whose views as en-
| bodying the sentiments Of this largo BODY
| q, nroperty owners were given in TIE TRIBUNE
yesterday has still further light to throw upon no
Arcado's CLAIMS Mr. Man says fur'hm'
"Tbere has neycy been q stupendous scheme on
gineered In this city than that begun by Melville O.
smith In 1867 and carried on down to date against
the interests Of large rumber OF propery-owhers
And yet despite the protests Of the property
Mr. smith has carried on his scheme. am glad that
/
MR. SMITH THE ARCADE.
"Mr Smith IL The Arcade He has from time to
time drawn about him respectable and worthy gen.
tenen who for some reason Subsequently faiied from
his horizon. He knows. or ought TO Know that DIS
scheme is utterly mpracticabc, impossible oven on
Its merits. But what amazes me is his icgerdemann
with the Legislature the constitution and the laws
and the rights of everybody concerned except himself
| INFLUENCE OF PRoPERTY-owNERs
"Wbcn the Arcade bill before the Legislature
last year. large delegation, he AIDED By o. b. Potter
appeared at Albany against the resusctsuon oil the
Arcade scheme We presented petition s'Sne cID fy
! against tho bin. And yet the measure was passed
On THINK Tnar sIo in protest against the Metropolitan Tran
| sit bill. II 900 names avail nothing, We cant
| expect much Of sixteen
| A CUNNING POSITION.
aWhat I would like especially 20 call attention to
ia the fact that Mr. Smith urged the committee
and tho Legislature, as well as Governor Hii' the
view that they need not worry themselves about tho
sttitionaity OF the Arcade BILL as that would be
| adiuflcated by the courts And now, having got his
1 bill through, MIR. Smith goes 20 Albany and decaims
| tsrferng with tho Arcade because such Interference
| is unconstitutional. That i cunning enough sn ht
| iti Well when got through with hun IN the
| courts we shall where the Arcade stands In the
Constitution"
| WHAT DOES THIS MEANT
| MIR Mans attention called to the reported
opinion of Justice Van Drunt-atcndng his denial Of
tho y-owners Application TO amend their com
paint in its first suitn which tho Judge is put down
saying that tho complaint is 80 bad IN itself that
| IL cannot be amended
| ported in print" replied Mr.. Man, "and Mr.. smith
| nadc a great point OF this ut Albany. but-anh Mr
| Mans eyes took peculiar look-"l have been
| unable to find such opinion on record Yes, have
| triod TO secure II, but it certainly is not fled"
| ONE KIND or GROWTH.
| "some day. said Mr. smith In conclusion. g. the
people Of this city will have their eyes opened to the
| character Of this scheme Now let what It
| is In sG5 the Beach Pneumatic Tube Company was
| Incorporated Its purpose was 10 send packages
| through a tube In broadway. Then this hole was
! ENLARGED until finally width OF thirty two feet In
| broadway was secured Tho last bin for tbs Arcade
after its charter had elapsed through user W u
| new grant and the c0mpany--that y. Melville 9
| Smlth-comes out with forty four feet width In
| broadway. He prctonSs that he Is gong wholly 10
| tween curbs Tho street bowen euTbs Is ut sono
points only thirty feet wiie, and you zee what
Tho result will be, especially when turuouts gratngs.
etc arc taken into consideration. stl. what II tho
| use OF talkingi The whole scheme j. imprctlcabt
| all tho bills extending this Broadway grant
| constitutional and invalid But that Broadway prop
ORTIZ owners should DO driven from pillar to post In
| tins the schemes of - feather his
| nest passos comprehension"
| Following il n list of tho broadway property
owners who Joined In tho compact To oppose the
! Arcade tooth and nail. 10 prevent the enormous
| loss and damage which would result from tho con
| sfructiOn OF such railway:
| John Jacob Al y kitsam. trustee.